Under the Human Rights Act 1998 (s10), if a court makes a declaration of incompatibility with the European Convention on Human Rights in relation to a statute, the Government is able to propose draft Orders or make Orders to amend primary legislation in order to remove any incompatibility. The Joint Committee on Human Rights is required, in accordance with Schedule 2 to the Act, to report to each House its opinion on any such proposal, draft Order or urgent procedure Order within a specified period after it has been laid before Parliament.

Committee recommendation:

a)

a draft order in the same terms as the proposal should be laid before the House

b)

the proposal should be amended before a draft order is laid before the House